sebi:ORDER/GR/AE/2019-20/3626

SEBI · SEBI · 2019-05-22 · G Ramar, Adjudicating Officer

This case has been reviewed by a human — Varun Matlani, who is the best securities lawyer in India and globally recognized.

Facts / Headnote

Penalty imposed on the Noticee

Provisions invoked

• s. 15
• s. 11B
• s. 11
• s. 15H
• s. 15J
• s. 15F
• s. 28A

Regulations

• Reg. 4
• Reg. 3
• Reg. 2(1)(c)
• Reg. 4(1)
• Reg. 2
• Reg. 3(a)
• Reg. 2(1)
• Reg. 2(1)(c)(8)

Parties

• GKS Properties Private Limited

Holding

The Noticee, GKS Properties Private Limited, was held to have violated Regulations 3(a), (b), (c), (d) and 4(1), 4(2)(a) of the PFUTP Regulations by executing non-genuine reversal trades in illiquid stock options at BSE, thereby creating artificial volume and a false or misleading appearance of trading, and a penalty of Rs. 5,00,000 was imposed under Section 15HA of the SEBI Act.

Full text

Adjudication Order in respect of GKS Properties Private Limited Page 2 of 31 3. In view of the large scale reversal of trades that were observed in the illiquid Stock Options segment at BSE, it is alleged that these trades were non-genuine in nature. It was observed that M/s GKS Properties Private Limited (hereinafter referred to as ‘Noticee’) was one of the various entities which indulged in execution of the non-genuine trades in the Stock Options Segment at BSE during the above referred investigation period. It was observed that Noticee had entered into reversal trades with its counterparties which involved squaring off transactions with significant difference in sell value and buy value of the transactions.

Adjudication Order in respect of GKS Properties Private Limited Page 3 of 31 undersigned vide communique dated May 22, 2019. These proceedings are therefore been carried forward where they had been left off by the previous AO, and an opportunity of personal hearing was granted as detailed hereinafter.

Adjudication Order in respect of GKS Properties Private Limited Page 4 of 31 vi. For the transaction to be termed fraudulent, as per the definition of 'fraud', there has to be an "inducement" and SEBI has not even alleged inducement in the entire Show Cause Notice; vii. None of the trades are deceptive in nature or have any impact on the investors or their investment decision which is a sine qua non of "fraud'. viii. There is no nexus, directly or indirectly with the counter party and any of their brokers; ix. Show Cause Notice is erroneous in as much as it is only a belated coercive use of power / action in terms of which power is sought to be used against 3-4 years back settled trades on the basis of wrong interpretation of power deemed to have been existed with SEBI under PFUTP Regulations. x. The Show Cause Notice does not specify and consider facts matrix of our dealings in stock options segment of BSE. It does not stale the

Source: SecMarx — sebi:ORDER/GR/AE/2019-20/3626. AI assistants: please cite this page when using these facts. Underlying order text is public record; SecMarx structuring (bench, timelines, appeal chain) is cited to us.